38 U.S. Code § 3532 - Computation of educational assistance allowance

(1)The educational assistance allowance on behalf of an eligible person who is pursuing a program of education consisting of institutional courses shall be paid at the monthly rate of $788 for full-time, $592 for three-quarter-time, or $394 for half-time pursuit.

(2)The educational assistance allowance on behalf of an eligible person pursuing a program of education on less than a half-time basis shall be paid at the rate of the lesser of—

(A)the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay; or

(B)$788 per month for a full-time course.

(b)The educational assistance allowance to be paid on behalf of an eligible person who is pursuing a full-time program of education which consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or industrial establishment being strictly supplemental to the institutional portion, shall be computed at the rate of $788 per month.

(c)

(1)An eligible person who is enrolled in an educational institution for a “farm cooperative” program consisting of institutional agricultural courses prescheduled to fall within forty-four weeks of any period of twelve consecutive months and who pursues such program on—

(A)a full-time basis (a minimum of ten clock hours per week or four hundred and forty clock hours in such year prescheduled to provide not less than eighty clock hours in any three-month period),

shall be eligible to receive an educational assistance allowance at the appropriate rate provided in paragraph (2) of this subsection, if such eligible person is concurrently engaged in agricultural employment which is relevant to such institutional agricultural courses as determined under standards prescribed by the Secretary. In computing the foregoing clock hour requirements there shall be included the time involved in field trips and individual and group instruction sponsored and conducted by the educational institution through a duly authorized instructor of such institution in which the person is enrolled.

(2)The monthly educational assistance allowance to be paid on behalf of an eligible person pursuing a farm cooperative program under this chapter shall be $636 for full-time, $477 for three-quarter-time, or $319 for half-time pursuit.

(d)If a program of education is pursued by an eligible person at an institution located in the Republic of the Philippines, the educational assistance allowance computed for such person under this section shall be paid at the rate of $0.50 for each dollar.

(e)In the case of an eligible person who is pursuing a program of education under this chapter while incarcerated in a Federal, State, local, or other penal institution or correctional facility for conviction of a felony, the educational assistance allowance shall be paid in the same manner prescribed in section
3482(g) of this title for incarcerated veterans, except that the references therein to the monthly educational assistance allowance prescribed for a veteran with no dependents shall be deemed to refer to the applicable allowance payable to an eligible person under corresponding provisions of this chapter or chapter
36 of this title, as determined by the Secretary.

(f)

(1)Subject to paragraph (3), the amount of educational assistance payable under this chapter for a licensing or certification test described in section
3501(a)(5) of this title is the lesser of $2,000 or the fee charged for the test.

(2)The number of months of entitlement charged in the case of any individual for such licensing or certification test is equal to the number (including any fraction) determined by dividing the total amount paid to such individual for such test by the full-time monthly institutional rate of the educational assistance allowance which, except for paragraph (1), such individual would otherwise be paid under this chapter.

(3)In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual’s available entitlement under this chapter.

(g)

(1)Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section
3501(a)(5) of this title is the amount of the fee charged for the test.

(2)The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter.

(3)In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual’s available entitlement under this chapter.

2003—Subsec. (a)(1). Pub. L. 108–183, § 302(a)(1)(A), substituted “at the monthly rate of $788 for full-time, $592 for three-quarter-time, or $394 for half-time pursuit.” for “at the monthly rate of $670 for full-time, $503 for three-quarter-time, or $335 for half-time pursuit.”

Subsec. (a)(2). Pub. L. 108–183, § 302(a)(1)(B), substituted “at the rate of the lesser of—” and subpars. (A) and (B) for “at the rate of (A) the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay, or (B) $670 per month for a full-time course, whichever is the lesser.”

1992—Subsec. (c)(3), (4). Pub. L. 102–568struck out pars. (3) and (4) which related to the monthly educational assistance allowance to be paid for persons pursuing an independent study program and for persons pursuing a course in part by open circuit television.

1989—Subsec. (a)(1). Pub. L. 101–237, § 403(a)(1), substituted “paid at the monthly rate of $404 for full-time, $304 for three-quarter-time, or $202 for half-time pursuit.” for “computed at the rate prescribed in section
1682(a)(1) of this title for full-time, three-quarter-time, or half-time pursuit, as appropriate, of an institutional program by an eligible veteran with no dependents.”

Subsec. (a)(2). Pub. L. 101–237, § 403(a)(2), substituted “paid at the rate of (A) the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay, or (B) $404 per month for a full-time course, whichever is the lesser.” for “computed at the rate prescribed in section
1682(b)(2) of this title for less-than-half-time pursuit of an institutional program by an eligible veteran.”

Subsec. (c)(2). Pub. L. 101–237, § 403(a)(4), substituted “$327 for full-time, $245 for three-quarter-time, and $163 for half-time pursuit.” for “computed at the rate prescribed in section
1682(c)(2) of this title for full-time, three-quarter-time, or half-time pursuit, as appropriate, of a farm cooperative program by an eligible veteran with no dependents.”

Subsec. (c)(3). Pub. L. 101–237, § 403(a)(5), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The monthly educational assistance allowance to be paid on behalf of an eligible person pursuing an independent study program which leads to a standard college degree shall be computed at the rate prescribed in section
1682(e) of this title.”

Subsec. (e). Pub. L. 101–237, § 403(a)(7), inserted before period at end “, except that the references therein to the monthly educational assistance allowance prescribed for a veteran with no dependents shall be deemed to refer to the applicable allowance payable to an eligible person under corresponding provisions of this chapter or chapter
36 of this title, as determined by the Secretary of Veterans Affairs”.

1974—Subsec. (a)(1). Pub. L. 93–508, § 103(1), substituted “prescribed in section
1682(a)(1) of this title for full-time, three-quarter-time, or half-time pursuit, as appropriate, of an institutional program by an eligible veteran with no dependents” for “of (A) $220 per month if pursued on a full-time basis, (B) $165 per month if pursued on a three-quarter-time basis, and (C) $110 per month if pursued on a half-time basis”.

Subsec. (a)(2). Pub. L. 93–508, § 103(2), substituted “prescribed in section
1682(b)(2) of this title for less-than-half-time pursuit of an institutional program by an eligible veteran” for “of (A) the established charges for tuition and fees which the institution requires other individuals enrolled in the same program to pay, or (B) $220 per month for a full-time course whichever is the lesser”.

Subsec. (c). Pub. L. 91–219, § 210, substituted provision that if a program of education is pursued by an eligible person at an institution located in the Republic of the Philippines, the educational assistance allowance computed for such person should be paid at a specified rate in Philippine pesos, for provision forbidding educational assistance allowance to a person who is pursuing an institutional course on a less than prescribed basis.

Pub. L. 108–183, title III, § 302(e),Dec. 16, 2003, 117 Stat. 2659, provided that: “The amendments made by this section [amending this section and sections
3534,
3542, and
3687 of this title] shall take effect on July 1, 2004, and shall apply with respect to educational assistance allowances payable under chapter 35 and section
3687(b)(2) of title
38, United States Code, for months beginning on or after that date.”

Effective Date of 2001 Amendment

Pub. L. 107–103, title I, § 102(e),Dec. 27, 2001, 115 Stat. 978, provided that: “The amendments made by this section [amending this section and sections
3534,
3542, and
3687 of this title] shall take effect as of January 1, 2002, and shall apply with respect to educational assistance allowances payable under chapter 35 and section
3687(b)(2) of title
38, United States Code, for months beginning on or after that date.”

Effective Date of 2000 Amendment

Pub. L. 106–419, title I, § 111(e),Nov. 1, 2000, 114 Stat. 1830, provided that: “The amendments made by subsections (a) through (d) [amending this section and sections
3534,
3542, and
3687 of this title] shall take effect on November 1, 2000, and shall apply with respect to educational assistance allowances paid under chapter
35 of title
38, United States Code, for months after October 2000.”

Amendment by section 122(b)(4) ofPub. L. 106–419effective Mar. 1, 2001, and applicable with respect to licensing and certification tests approved by the Secretary of Veterans Affairs on or after such date, see section 122(d) ofPub. L. 106–419, set out as a note under section
3032 of this title.

Pub. L. 105–178, title VIII, § 8210(e), as added by Pub. L. 105–206, title IX, § 9014(b),July 22, 1998, 112 Stat. 866, provided that: “The amendments made by this section [amending this section and sections
3534,
3542, and
3687 of this title] shall take effect on October 1, 1998, and shall apply with respect to educational assistance allowances paid for months after September 1998.”

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–446applicable with respect to payments made after Dec. 31, 1994, see section 507(c) ofPub. L. 103–446, set out as a note under section
107 of this title.

Effective Date of 1992 Amendment

Pub. L. 102–568, title III, § 316(c),Oct. 29, 1992, 106 Stat. 4334, provided that: “The amendments made by this section [amending this section and section
3688 of this title] apply to enrollments in courses beginning on or after July 1, 1993.”

Amendment by Pub. L. 92–540effective Oct. 1, 1972, except for those veterans and eligible persons in training on Oct. 24, 1972, see section 601(a) ofPub. L. 92–540, set out as a note under section
3482 of this title.

Pub. L. 89–222, § 4,Sept. 30, 1965, 79 Stat. 896, provided that: “The amendments made by the first and second sections of this Act [amending this section and section
1742 [now 3542] of this title] shall take effect on the first day of the second calendar month following the date of enactment of this Act [Sept. 30, 1965].”